10 U.S.C. § 2465 — Prohibition on contracts for performance

Page 1949 TITLE 10—ARMED FORCES § 2465 United States shall review each report submitted under subsection (d) for completeness and compliance and shall submit to the congressional defense committees findings and recommendations with respect to the re- port by not later than 60 days after the date on which the report is submitted to Congress.’’ 2018—Subsec. (a)(3). Pub. L. 115–232, § 836(e)(10)(A)(i), substituted ‘‘commercial products or commercial serv- ices’’ for ‘‘commercial items’’. Subsec. (a)(5). Pub. L. 115–232, § 836(e)(10)(A)(ii), sub- stituted ‘‘The commercial products or commercial services covered by paragraph (3) are commercial prod- ucts (as defined in section 103 of title 41) or commercial services (as defined in section 103a of such title)’’ for ‘‘The commercial items covered by paragraph (3) are commercial items’’. Subsec. (c). Pub. L. 115–232, § 836(e)(10)(B), in heading, substituted ‘‘Commercial Products or Commercial Services’’ for ‘‘Commercial Items’’ and, in introductory provisions, substituted ‘‘commercial product or com- mercial service’’ for ‘‘commercial item’’. 2017—Subsec. (d)(4) to (10). Pub. L. 115–91 added pars. (4) to (10). 2013—Subsecs. (d), (e). Pub. L. 112–239, § 322(d), added subsecs. (d) and (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. EFFECTIVE DATE Section and amendment by Pub. L. 112–239 effective Dec. 31, 2011, immediately after enactment of Pub. L. 112–81. See section 322(f) of Pub. L. 112–239, set out as an Effective Date of 2013 Amendment note under section 4251 of this title. UPDATED GUIDANCE REGARDING BIENNIAL CORE REPORT Pub. L. 115–91, div. A, title III, § 338, Dec. 12, 2017, 131 Stat. 1360, provided that: ‘‘To ensure that the biennial core reporting procedures of the Department of Defense align with the requirements of section 2464 of title 10, United States Code, and that each reporting agency provides accurate and complete information, the Sec- retary of Defense shall direct the Under Secretary of Defense for Acquisition, Technology and Logistics to update the Department of Defense Guidance, in par- ticular Department of Defense Instruction 4151.20, to require future biennial core reports include instruc- tions to the reporting agencies on how to— ‘‘(1) report additional depot workload performed that has not been identified as a core requirement; ‘‘(2) accurately capture inter-service workload; ‘‘(3) calculate shortfalls; and ‘‘(4) estimate the cost of planned workload.’’ § 2465. Prohibition on contracts for performance of firefighting or security-guard functions (a) Except as provided in subsection (b), funds appropriated to the Department of Defense may not be obligated or expended for the purpose of entering into a contract for the performance of firefighting or security-guard functions at any military installation or facility. (b) The prohibition in subsection (a) does not apply to the following contracts: (1) A contract to be carried out at a location outside the United States (including its com- monwealths, territories, and possessions) at which members of the armed forces would have to be used for the performance of a func- tion described in subsection (a) at the expense of unit readiness. (2) A contract to be carried out on a Govern- ment-owned but privately operated installa- tion. (3) A contract (or the renewal of a contract) for the performance of a function under con- tract on September 24, 1983. (4) A contract for the performance of fire- fighting functions if the contract is— (A) for a period of one year or less; and (B) covers only the performance of fire- fighting functions that, in the absence of the contract, would have to be performed by members of the armed forces who are not readily available to perform such functions by reason of a deployment. (Added Pub. L. 99–661, div. A, title XII, § 1222(a)(1), Nov. 14, 1986, 100 Stat. 3976, § 2693; amended Pub. L. 100–180, div. A, title XI, § 1112(a)–(b)(2), Dec. 4, 1987, 101 Stat. 1147; renum- bered § 2465, Pub. L. 100–370, § 2(b)(1), July 19, 1988, 102 Stat. 854; Pub. L. 104–106, div. A, title XV, § 1503(a)(25), Feb. 10, 1996, 110 Stat. 512; Pub. L. 108–136, div. A, title III, § 331, Nov. 24, 2003, 117 Stat. 1442.) Editorial Notes AMENDMENTS 2003—Subsec. (b). Pub. L. 108–136 substituted ‘‘apply to the following contracts:’’ for ‘‘apply—’’ in introduc- tory provisions, ‘‘A’’ for ‘‘to a’’ at beginning of pars. (1) to (3), period for semicolon at end of par. (1), and period for ‘‘; or’’ at end of par. (2), and added par. (4). 1996—Subsec. (b)(3). Pub. L. 104–106 substituted ‘‘under contract on September 24, 1983’’ for ‘‘under con- tract or September 24, 1983’’. 1988—Pub. L. 100–370 renumbered section 2693 of this title as this section. 1987—Pub. L. 100–180 inserted ‘‘or security-guard’’ be- fore ‘‘functions’’ in section catchline and subsec. (a), and substituted ‘‘a function’’ for ‘‘the function’’ in sub- sec. (b)(1). Statutory Notes and Related Subsidiaries TEMPORARY AUTHORITY TO CONTRACT WITH LOCAL AND STATE GOVERNMENTS FOR PERFORMANCE OF SECURITY FUNCTIONS AT UNITED STATES MILITARY INSTALLA- TIONS Pub. L. 107–56, title X, § 1010, Oct. 26, 2001, 115 Stat. 395, which provided authority, during Operation Endur- ing Freedom and the subsequent 180 days, to use de- fense funds to contract with local and state govern- ments to perform security functions at military instal- lations, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(53), Aug. 13, 2018, 132 Stat. 1850. PERFORMANCE OF EMERGENCY RESPONSE FUNCTIONS AT CHEMICAL WEAPONS STORAGE INSTALLATIONS Pub. L. 106–398, § 1 [[div. A], title III, § 355], Oct. 30, 2000, 114 Stat. 1654, 1654A–75, provided that: ‘‘(a) RESTRICTION ON CONVERSION.—The Secretary of the Army may not convert to contractor performance the emergency response functions of any chemical weapons storage installation that, as of the date of the enactment of this Act [Oct. 30, 2000], are performed for that installation by employees of the United States until the certification required by subsection (c) has been submitted in accordance with that subsection. ‘‘(b) COVERED INSTALLATIONS.—For the purposes of this section, a chemical weapons storage installation is any installation of the Department of Defense on which lethal chemical agents or munitions are stored. Page 1950 TITLE 10—ARMED FORCES § 2466 ‘‘(c) CERTIFICATION REQUIREMENT.—The Secretary of the Army shall certify in writing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that, to ensure that there will be no lapse of capability to perform the chemical weapon emergency response mis- sion at a chemical weapons storage installation during any transition to contractor performance of those func- tions at the installation, the plan for conversion of the performance of those functions— ‘‘(1) is consistent with the recommendation con- tained in General Accounting Office [now Govern- ment Accountability Office] Report NSIAD–00–88, en- titled ‘DoD Competitive Sourcing’, dated March 2000; ‘‘(2) provides for a transition to contractor perform- ance of emergency response functions which ensures an adequate transfer of the relevant knowledge and expertise regarding chemical weapon emergency re- sponse to the contractor personnel; and ‘‘(3) complies with section 2465 of title 10, United States Code.’’ § 2466. Limitations on the performance of depot- level maintenance of materiel (a) PERCENTAGE LIMITATION.—Not more than 50 percent of the funds made available in a fiscal year to a military department or a Defense Agency for depot-level maintenance and repair workload may be used to contract for the per- formance by non-Federal Government personnel of such workload for the military department or the Defense Agency. Any such funds that are not used for such a contract shall be used for the performance of depot-level maintenance and re- pair workload by employees of the Department of Defense. (b) WAIVER OF LIMITATION.—The Secretary of Defense may waive the limitation in subsection (a) for a fiscal year if— (1) the Secretary determines that the waiver is necessary for reasons of national security; and (2) the Secretary submits to Congress a noti- fication of the waiver together with the rea- sons for the waiver. (c) PROHIBITION ON DELEGATION OF WAIVER AU- THORITY.—The authority to grant a waiver under subsection (b) may not be delegated. (d) ANNUAL REPORT.—(1) Not later than 90 days after the date on which the budget of the Presi- dent for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Sec- retary of Defense shall submit to Congress a re- port identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that was expended during the preceding fiscal year, and are projected to be ex- pended during the current fiscal year and the ensuing fiscal year, for performance of depot- level maintenance and repair workloads by the public and private sectors. (2) Each report required under paragraph (1) shall include as a separate item any expenditure covered by section 2474(f) of this title that was made during the fiscal year covered by the re- port and shall specify the amount and nature of each such expenditure. (Added Pub. L. 100–456, div. A, title III, § 326(a), Sept. 29, 1988, 102 Stat. 1955; amended Pub. L. 101–189, div. A, title III, § 313, Nov. 29, 1989, 103 Stat. 1412; Pub. L. 102–190, div. A, title III, § 314(a)(1), Dec. 5, 1991, 105 Stat. 1336; Pub. L. 102–484, div. A, title III, § 352(a)–(c), Oct. 23, 1992, 106 Stat. 2378; Pub. L. 103–337, div. A, title III, § 332, Oct. 5, 1994, 108 Stat. 2715; Pub. L. 104–106, div. A, title III, §§ 311(f)(1), 312(b), Feb. 10, 1996, 110 Stat. 248, 250; Pub. L. 105–85, div. A, title III, §§ 357, 358, 363, Nov. 18, 1997, 111 Stat. 1695, 1702; Pub. L. 106–65, div. A, title III, § 333, Oct. 5, 1999, 113 Stat. 567; Pub. L. 107–107, div. A, title III, § 341, Dec. 28, 2001, 115 Stat. 1060; Pub. L. 108–136, div. A, title III, § 332, Nov. 24, 2003, 117 Stat. 1442; Pub. L. 108–375, div. A, title III, § 321, Oct. 28, 2004, 118 Stat. 1845; Pub. L. 109–364, div. A, title III, § 331(b), Oct. 17, 2006, 120 Stat. 2149; Pub. L. 111–84, div. A, title III, § 329, Oct. 28, 2009, 123 Stat. 2256.) Editorial Notes AMENDMENTS 2009—Subsec. (d)(1). Pub. L. 111–84 substituted ‘‘90 days after the date on which the budget of the Presi- dent for a fiscal year is submitted to Congress pursuant to section 1105 of title 31’’ for ‘‘April 1 of each year’’. 2006—Subsec. (d). Pub. L. 109–364, § 331(b)(2), struck out ‘‘and Review’’ after ‘‘Annual Report’’ in heading. Subsec. (d)(2). Pub. L. 109–364, § 331(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘Not later than 90 days after the date on which the Secretary submits a report under paragraph (1), the Comptroller General shall submit to Congress the Comptroller General’s views on whether— ‘‘(A) the Department of Defense complied with the requirements of subsection (a) during the preceding fiscal year covered by the report; and ‘‘(B) the expenditure projections for the current fis- cal year and the ensuing fiscal year are reasonable.’’ 2004—Subsec. (d). Pub. L. 108–375 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘(1) Not later than February 1 of each year, the Sec- retary of Defense shall submit to Congress a report identifying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the per- centage of the funds referred to in subsection (a) that were expended during the preceding two fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as re- quired by this section. ‘‘(2) Not later than April 1 of each year, the Secretary of Defense shall submit to Congress a report identi- fying, for each of the armed forces (other than the Coast Guard) and each Defense Agency, the percentage of the funds referred to in subsection (a) that are pro- jected to be expended during each of the next five fiscal years for performance of depot-level maintenance and repair workloads by the public and private sectors, as required by this section. ‘‘(3) Not later than 60 days after the date on which the Secretary submits a report under this subsection, the Comptroller General shall submit to Congress the Comptroller General’s views on whether— ‘‘(A) in the case of a report under paragraph (1), the Department of Defense has complied with the re- quirements of subsection (a) for the fiscal years cov- ered by the report; and ‘‘(B) in the case of a report under paragraph (2), the expenditure projections for future fiscal years are reasonable.’’ 2003—Subsecs. (d), (e). Pub. L. 108–136 redesignated subsec. (e) as (d) and struck out heading and text of former subsec. (d). Text read as follows: ‘‘Subsection (a) shall not apply with respect to the Sacramento Army Depot, Sacramento, California.’’ 2001—Subsecs. (b), (c). Pub. L. 107–107 added subsecs. (b) and (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘The Secretary of the